TITLE 22.EXAMINING BOARDS

Part 3. TEXAS BOARD OF CHIROPRACTIC EXAMINERS

Chapter 74. CHIROPRACTIC FACILITIES

22 TAC §74.3

The Texas Board of Chiropractic Examiners adopts an amendment to §74.3(e), relating to annual renewal for a chiropractic facility without changes to the proposed text as published in the April 25, 2003, issue of the Texas Register (28 TexReg 3441). The text of the rule as amended will not be republished.

The amendment deletes the prohibition in subsection (e), placed on chiropractors, on practicing in a chiropractic facility whose license is expired. This amendment is to conform this subsection to the same change in §74.5(a) which has been adopted by the board. Section 75.11(b) has also been amended to conform that rule to §74.5(a), as amended. As a consequence of the changes to these rules, the requirement to obtain and maintain a facility license shall fall on the owner of a facility, the person having the primary responsibility for compliance with the board's facility rules.

No comments were received concerning the proposed amendment.

The amendment is adopted under the Occupations Code §201.152 (Vernon's 2002), which the board interprets as authorizing it to adopt rules necessary for the performance of its duties, the regulation of the practice of chiropractic, and the enforcement of the Chiropractic Act, and Occupations Code §201.312 (Vernon's 2002) which the board interprets as authorizing it to adopt rules providing for a facility licensing and regulatory program.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 21, 2003.

TRD-200304374

Sandra Smith

Executive Director

Texas Board of Chiropractic Examiners

Effective date: August 10, 2003

Proposal publication date: April 25, 2003

For further information, please call: (512) 305-6709


22 TAC §74.5

The Texas Board of Chiropractic Examiners adopts an amendment to §74.5(a), relating to rules of conduct without changes to the proposed text as published in the April 25, 2003, issue of the Texas Register (28 TexReg 3441). The text of the rule as amended will not be republished.

The amendment deletes the prohibition on chiropractors from practicing in a chiropractic facility whose license is expired, in subsection (a) of §74.5. The deletion of this prohibition on chiropractors has the consequence of placing the duty to obtain and maintain a facility license on the owner of a facility, the person having the primary responsibility for compliance with the board's facility rules. Revisions are also adopted, in separate rulemakings filed simultaneously to this rulemaking, to §74.3(e) and §75.11(b) to conform those rules to the amendment to §74.5(a).

No comments were received concerning the proposed amendment.

The amendment is adopted under the Occupations Code §201.152 (Vernon's 2002), which the board interprets as authorizing it to adopt rules necessary for the performance of its duties, the regulation of the practice of chiropractic, and the enforcement of the Chiropractic Act, and Occupations Code §201.312 (Vernon's 2002), which the board interprets as authorizing it to adopt rules providing for a facility licensing and regulatory program.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 21, 2003.

TRD-200304375

Sandra Smith

Executive Director

Texas Board of Chiropractic Examiners

Effective date: August 10, 2003

Proposal publication date: April 25, 2003

For further information, please call: (512) 305-6709


Chapter 75. RULES OF PRACTICE

22 TAC §75.11

The Texas Board of Chiropractic Examiners adopts an amendment to §75.11(b), relating to the maximum sanctions table for violations subject to the enforcement authority of the TBCE, without changes to the proposed text as published in the April 25, 2003, issue of the Texas Register (28 TexReg 3442). The text of the rule as amended will not be republished.

The amendment deletes the reference in the sanctions table to violations by a chiropractor for practicing in a chiropractic facility whose facility license is expired. See Category II violations. This change is to conform the sanctions table reference to the change adopted by the Board in §74.5(a), relating to rules of conduct for facilities. Section 74.3(e), relating to annual renewal of facility licenses, has also been amended to conform that rule to §74.5(a), as amended. As a consequence of the changes to these rules, the requirement to obtain and maintain a facility license shall fall on the owner of a facility, the person having the primary responsibility for compliance with the board's facility rules.

No comments were received concerning the proposed amendment.

The amendment is adopted under the Occupations Code §201.152 (Vernon's 2002), which the board interprets as authorizing it to adopt rules necessary for the performance of its duties, the regulation of the practice of chiropractic, and the enforcement of the Chiropractic Act, and §201.312 (Vernon's 2002), which the board interprets as authorizing it to adopt rules providing for a facility licensing and regulatory program.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 21, 2003.

TRD-200304376

Sandra Smith

Executive Director

Texas Board of Chiropractic Examiners

Effective date: August 10, 2003

Proposal publication date: April 25, 2003

For further information, please call: (512) 305-6709


Part 17. TEXAS STATE BOARD OF PLUMBING EXAMINERS

Chapter 361. ADMINISTRATION

Subchapter A. GENERAL PROVISIONS

22 TAC §361.6

The Texas State Board of Plumbing Examiners adopts amendments to §361.6, which specifies certain fees charged by the Board, including the fees for renewal of Plumbing Inspector Licenses, Tradesman Plumber-Limited Licenses, Plumber's Apprentice Registration, Residential Utilities Installer Registration, Drain Cleaner Registration and Drain Cleaner-Restricted Registration. This Section also includes the renewal fees for the two combined license categories of "Plumbing Inspector with a Master Plumber or Journeyman Plumber License" and Master Plumber with a Journeyman Plumber License." The amendments are adopted without changes to the proposed text as published in the May 23, 2003 issue of the Texas Register (28 TexReg 4037). No comments were received regarding the proposed amendments.

The amendments to §361.6 are in compliance with Senate Bill 187 (77th Legislature) which established the Texas Online Authority and Senate Bill 645 (77th Legislature) which requires state occupational licensing agencies, including the Texas State Board of Plumbing Examiners, to raise license and endorsement fees to pay for the development and use of "Texas Online", a state web site for electronic occupational license transactions. The Texas Online Authority has advised the Board that the online renewal of these licenses and registrations will be implemented by September 1, 2003. The Texas Online Authority is requiring the Board to begin collecting the additional fees on September 1, 2003. The annual license and registration renewal fees that were set by the Texas Online Authority are:

Master Plumber License combined with a Journeyman Plumber License renewal fee to increase by $5 (from $175 to $180). Plumbing Inspector License renewal fee to increase by $5 (from $50 to $55). Plumbing Inspector License combined with a Master or Journeyman Plumber License renewal fee to increase by $5 (from $50 to $55). Tradesman Plumber-Limited License renewal fee to increase by $2 (from $25 to $27). Plumber's Apprentice Registration renewal fee to increase by $2 (from $10 to $12). Residential Utilities Installer Registration renewal fee to increase by $2 (from $10 to $12). Drain Cleaner Registration renewal fee to increase by $2 (from $10 to $12). Drain Cleaner-Restricted Registration renewal fee to increase by $2 (from $10 to $12).

The amendments to §361.6 are adopted under and affect Texas Revised Civil Statutes Annotated Article 6243-101 ("Act"), §5(a), Senate Bill 187 (77th Legislature), Senate Bill 645 (77th Legislature) and the rule it amends. §5(a) of the Act authorizes, empowers and directs the Board to prescribe, amend and enforce all rules and regulations necessary to carry out the Act. Senate Bill 187 (77th Legislature) which established the Texas Online Authority and Senate Bill 645 (77th Legislature) which require state occupational licensing agencies, including the Texas State Board of Plumbing Examiners, to raise license and endorsement fees to pay for the development and use of "Texas Online", a state web site for electronic occupational license transactions. No other statute, article or code is affected by these amendments. The amendments have been reviewed by legal counsel and found to be within the state agency's authority to adopt.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 17, 2003.

TRD-200304333

Robert L. Maxwell

Administrator

Texas State Board of Plumbing Examiners

Effective date: September 1, 2003

Proposal publication date: May 23, 2003

For further information, please call: (512) 458-2145